e. No Waiver. Neither party shall be deemed to have waived any breach by the other
party of any provision of this Agreement unless it expressly does so in writing. If either patty
shall expressly waive any right hereunder, such waiver shall not be construed as a continuing
waiver of other rights under the same or other provisions of this Agreement.

     f. Force Majeure. Either party shall be relieved of its obligations hereunder if the
performance hereof is delayed or prevented or interrupted by any cause beyond its reasonable
control, including but not limited to, acts of God, public enemies, war, civil disorder, fire,
flood, explosion, labor disputes or strikes, or any acts or orders of any governmental authority.

     g. Attorneys Fees. In the event any action or proceeding is initiated to enforce any
term or provision of this Agreement, then the prevailing party in such action or proceeding shall
be entitled to recover, in addition to all other rights and remedies available in law and in
equity, reasonable attorney fees and expenses incurred in connection therewith.

**12. GOVERNING LAW**

This Agreement shall be governed by and interpreted in accordance with the laws of the State of
South Dakota (excluding its choice of law rules) and the United States of America.

**13. TRUTH IN LEASING**

**TRUTH IN LEASING STATEMENT UNDER SECTION 91.23 OF THE FEDERAL AVIATION REGULATIONS.**

a. LESSEE WILL CONTINUE AT ALL TIMES UNDER THIS LEASE TO MAINTAIN AND
INSPECT THE AIRCRAFT UNDER FAR PART 91 FOR ALL OPERATIONS TO BE CONDUCTED UNDER THIS LEASE.